c. Disused Burial Grounds

A disused burial ground is a place used, or intended to be used, for burial purposes by any other person or body and which is no longer used for such purposes (and may include a closed churchyard). 

Parish and community councils, as burial authorities, have the power under s.214 of the LGA 1972 to financially support the maintenance of cemeteries where local residents are interred.

The Open Spaces Act 1906 allows for the transfer of disused burial grounds to local councils, though Church of England closed churchyards are rarely transferred this way. Local councils can also acquire disused burial grounds for public open space (s.9), but consecrated grounds require a bishop’s license to be used for recreation (s.11). Any removal of tombstones must be publicly notified.

The Town and Country Planning Act 1990 permits burial grounds to be repurposed under planning laws, subject to rules on the removal and reinterment of human remains. The Disused Burial Grounds Act 1884 generally prohibits building on disused burial grounds, but exceptions exist under the Pastoral Measure 1983 and the Disused Burial Grounds (Amendment) Act 1981 for religious bodies, provided public notice is given and remains are reinterred respectfully.

N.B. NALC have issued advice notes on their website - Closed Churchyards and disused Burial Grounds .  [To access the NALC website you will need to set up an individual account (SALC members only).  Video guidance on how to do this is available here - https://youtu.be/zapNDmP8jjY?si=jtXhLh0Wm5ANHrO4]